Created under the 1931 Acts of the Legislature, the Commission on Uniform
State Laws works to promote uniformity in state laws. The West Virginia
Commission consists of three members who meet with Commissioners from all 50
states including the District of Columbia, the Commonwealth of Puerto Rico, and the
U.S. Virgin Islands to debate proposed uniform state laws. West Virginia has earned a
special prominence on the National Conference of Commissioners on Uniform State Laws
with the selection of Commissioner John McClaugherty as Chairman of the Executive
Committee for a two-year term which began August 1, 1997. Following this two year
term, Chairman McClaugherty will become President of the National Conference. This
national leadership of a West Virginia Commissioner will likely facilitate greater
visibility of the work of the West Virginia Commission on Uniform State Laws, which the
Legislative Auditor recommends. This Preliminary Performance Review presents two
issues regarding the Commission:

ISSUE AREA 1: The Commission on Uniform State Laws Performs an Essential
Function for the State but Should Become More Visible and Increase Public
Input.

The West Virginia Commission is a member of the National Conference of
Commissioners on Uniform State Laws. By participating in the National Conference,
West Virginia is able to impact laws which have an effect on the various states. The
cost of the Commission has never exceeded $20,000 per year and the uncompensated
contribution of the Commissioners would far exceed the expenses provided.
The Conference has developed many uniform acts which resulted in uniform
laws throughout the United States including the Uniform Commercial Code. Although
the uniform laws proposed by the Commission are debated by the interim
Commission on Interstate Cooperation (COIC), the judiciary committees, and the
Legislature as a whole, because of the importance of uniform laws to public policy in
West Virginia the Commission should increase public visibility and input prior to its
National meeting.
The Commission has obtained input on specific proposals in many instances
(e.g. input regarding revisions to Articles 1, 2A and 9 of the Uniform Commercial Code
from a representative of Mountain State Justice). Given the impact of the work of the
Commission on the people of West Virginia, it should become more visible, soliciting
input from a wide variety of interested parties and expanding its annual report to
include information on acts under consideration by the National Conference and acts
recommended to the Commission On Interstate Cooperation.
The primary task of the Commission is to discern the "desirability" and
"practicability" of proposed uniform state laws as set forth in §29-1A-4. This alone is
compelling evidence for a more visible commission and widespread input. Some
organizations of attorneys in the state were not even aware of the work of the
Commission. The general public, especially affected parties, are important to the
work of the Commission. The task of increasing public input may be done by public
notices, continued utilization of the Internet, The State Bar, contacts with such
organizations as the West Virginia Trial Lawyers Association, The Mountain State Bar,
The Defense Trial Counsel, The West Virginia Bar Association and by expanding the
annual report to include information on acts under consideration.

Issue Area 2: The Commission did not Issue an Annual Report for 1996, But has
Since filed the Report.

In order for the Commission to meet the requirements of §29-1A-4 an annual
report must be filed each year. The Legislative Auditor could find no record of this
report for 1996. The Commission has a record of filing these reports for more than
seventeen years; this oversight has been corrected.